컴퓨터등사용사기등
The prosecutor's appeal is dismissed.
1. In light of the overall circumstances, such as the fact that damage amount to the summary of the grounds for appeal (e.g., a total amount exceeding KRW 30 million), the punishment (a year imprisonment with labor for a fine of KRW 3 million) imposed by the court below is too uneased and unreasonable.
2. The instant crime is determined by the Prosecutor’s assertion that the Defendant ought to be punished solely considering the following: (a) the Defendant committed the instant crime: (b) theft of KRW 19,540,00 in total on 18 occasions by taking out the credit card of the victim living together with the victim by taking cash services; and (c) obtained pecuniary benefits equivalent to KRW 11,354,240 in total on 12 occasions by entering the card number and password by accessing the Internet game site by using the said credit card; and (d) the number of the commission of the crime is 30 times and the gains acquired as a crime exceed KRW 30,000,000,000.
However, in full view of the following circumstances: (a) the Defendant was the first offender without any previous conviction; (b) all of the instant crimes were led to confession from the beginning stage of the investigation; (c) the victim did not wish to punish the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) the circumstances leading to the instant sentencing as indicated in the record, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is appropriate and too uneasible, and thus, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.